| Bankruptcy Reorganization of contemporary important part of the insolvency system, the first company in the UK railway company law consolidation system, the U.S. bankruptcy law reform of 1978, the Bankruptcy Code Chapter 11 dedicated to bankruptcy and restructuring, thus officially became the Bankruptcy Reorganization International Insolvency Law trend. Companies in bankruptcy can be saved through restructuring, breaking the bankruptcy liquidation bankruptcy is inherent in the concept of regeneration for the enterprise provides a reliable way to another. August 2006 China promulgated the in Chapter VIII of the newly introduced system of bankruptcy reorganization, the reorganization of its corporate restructuring will face when applying and during the reorganization plan of the development, approval and the implementation of procedural issues such as specification, the successful restructuring of enterprises, re-provision of the normal operation of the protection of the legal process. New issued in 1986 compared to the < Enterprise Bankruptcy Law > in the original basis of reconciliation and consolidation, alone a chapter, a new set of bankruptcy reorganization, which is a preventive system of bankruptcy a major breakthrough. However, due to various reasons, the new in the Bankruptcy Reorganization, and no use of the system most widely used procedures in bankruptcy and reorganization of listed companies to make special provisions. New in the provisions of bankruptcy and reorganization proceedings strong principle, more general, is different from the general business of listed companies, the existing debt stock, re-engineering of administrative approval, the protection of shareholders and other special procedural issues , can not make a specific normative guidance. This paper by studying the proceedings in bankruptcy and reorganization of existing law, with listed companies in bankruptcy and reorganization process of the actual operation of the problems faced bankruptcy reorganization proceedings to the theoretical basis for legislation, drawing on extra-territorial legislative system related procedures and experience of advanced explore the practice of bankruptcy and reorganization of listed companies operating in the problem solution.Bankruptcy reorganization proceedings for the bankruptcy settlement,bankruptcy and liquidation proceedings in terms of insolvency proceedings in our system is still a newborn, there are many in the running program is not enough improvement. For listed companies face greater social impact, how to improve the procedures of bankruptcy reorganization of listed companies, bankruptcy and restructuring process to better play to the social stability function, physical operation of the law has important practical significance. As listed companies involved in a wide range of bankruptcy and reorganization proceedings, the author only for some practice in this part of the problem solved for some simple and obvious as the study of listed companies in bankruptcy reorganization proceedings of the legislation provide some rudimentary sound advice. |
